RAMJI LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present revision petition has been filed by Ramji Lal (hereinafter described as the petitioner) directed against the judgment and the order of sentence passed by the learned Sub Divisional Judicial Magistrate. Dabwali dated 3-9-1987 and of the learned Sessions Judge, Sirsa, dated 11-3-1988. The learned trial Court held the petitioner guilty of the offence punishable under Section 9 of the Indian Opium Act and sentenced him to undergo rigorous imprisonment for a period of two years. An appeal was preferred which on its merit was dismissed. But the learned Sessions Judge had reduced the sentence to one year rigorous imprisonment.

(2.) The relevant facts of the prosecution case are that on 28-11-1984 Head Constable Gugan Ram accompanied by other police officials started checking a train which arrived from Hanumangarh side. It was to proceed towards Bathinda. It was stationed at Dabwali railway station at 11.14 a.m. The petitioner was seen alighting from the train and on seeing the police party had drawn back. On suspicion, he was stopped. On his search, he was found to be carrying 2-1/2 kgs of opium. Out of the same. 20 grams was separated byway of sample. The sample and the rest of the opium was converted into separate parcels and taken into possession after sealing the same Ruqa was sent to the police on the basis of which formal FIR was recorded. Subsequently representative sample was sent for chemical analysis. Report was received that it was opium.

(3.) The learned trial Court had framed a charge for the offence punishable under Section 9 of the Opium Act, After the trial the petitioner was held guilty for being in possession of the opium without any licence or permit and the above said order of sentence was passed.